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(영문) 수원지방법원 성남지원 2017.10.12 2017고단129
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B low-priced car.

On October 21, 2016, the Defendant driven the above car at around 00:56, and driven a D hotel in front of the D hotel located in the area of the branch of the Gyeonggi-nam city with a two-lane one-lane one way between the two-lane one-lane one, from the land of the ditch park to the road of the teacher distance of robot.

In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle with the driver of the vehicle who is engaged in driving.

Nevertheless, the Defendant neglected to do so and driven under the influence of alcohol to the extent that the walking is unburled, and was driven by the victim E (46 tax) who is driving in the same direction at the bend of the bend in the same direction. The Defendant received a part of the front wing part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (refluence of drinking), driving a motor vehicle with the above highest string at the time, time, and place described in paragraph (1), and driving the motor vehicle under the influence of alcohol, such as smelling and smelling on the face, by driving the motor vehicle with the above highest string in the state of drinking as described in paragraph (1).

Even though there is a reasonable ground to determine a person, he/she has been requested to comply with the measurement of drinking by inserting four times in a drinking measuring instrument for about 30 minutes, he/she did not comply with a police officer's request for the measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting of a traffic accident (1) (2);

1. Notification of the results of regulating the driving of drinking alcohol, and a report on the situation of the driver of drinking alcohol;

1. Application of the photographic Acts and subordinate statutes;

1. Criminal facts;

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